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CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No.19 of 2003 IN THE MATTER of an Application for Judicial Review by The Society for Protection of The Harbour Limited pursuant to Order 53 of the Rules of the High Court - and -

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CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

No.19 of 2003

IN THE MATTER of an Application for Judicial Review by The Society for Protection of The Harbour Limited pursuant to Order 53 of the Rules of the High Court

- and -

IN THE MATTER of the Protection of The Harbour Ordinance (Cap.531)


Table of Contents

Victoria Harbour and Our Heritage

Reclamation over the years

Future Reclamation

  • Kai Tak

  • Green Island

  • Central

  • Wanchai



Section 3Interpretation and General Clauses Ordinance“Harbour” means the waters of Hong Kong within

the boundaries specified in Schedule 3.


Schedule 3

BOUNDARIES OF THE HARBOUR

On the East --- A straight line drawn from the westernmost extremity of Siu Chau Wan Point to the westernmost extremity of Ah Kung Ngam Point (sometimes known as Kung Am);

On the West --- A straight line drawn from the westernmost point of Hong Kong to the westernmost point of Green Island, thence a straight line drawn from the westernmost point of Green Island to the south-easternmost point of Tsing Yi, thence along the eastern and northern coast lines of Tsing Yi to the westernmost extremity of Tsing Yi and thence a straight line drawn true north therefrom to the mainland.


Protection of the Harbour Ordinance

3. Presumption against reclamation in the harbour

(1) The harbour is to be protected and preserved as a special public asset and a natural heritage of Hong Kong people, and for that purpose there shall be a presumption against reclamation in the harbour.

(2) All public officer and public bodies shall have regard to the principle stated in subsection (1) for guidance in the exercise of any powers vested in them.


Special Public Asset Natural Heritage

of the People of Hong Kong


Hong kong harbour before reclamation
Hong Kong Harbour before reclamation

2











A special public asset and a natural heritage of Hong Kong People

(香 Fragrant 港 Harbour)

“He [Dunross, the protagonist, and the Taipan of the Noble House] stared out of the window at the gardens and the vast northern panorama of city and seascape below. Ships and junks and sampans dotted the azure [bright blue] sea. There was a fine sky above and no promise of rain weather, the summer monsoon steady from the southwest and he wondered absently what the clippers had looked like as they sailed before the wind and beat up against the winds in this ancestors’ time”

P. 156, Noble House, James Clavell

[Novel set in the 1960/70’s in Hong Kong]


Dictionary meanings People

  • Special: “ Of such a kind as to exceed or excel in some way that which is --.usual or common; exceptional in character, quality or degree”.

  • Natural: “ 6. Existing in, or formed by nature; not artificial 1568”.

  • Heritage: “1. That which has been or may be inherited.”

    Oxford Shorter English Dictionary


Examples of special public assets and natural heritage of a people

Hong Kong: Victoria Harbour.

Elsewhere: West Lake, Niagra Falls, Yellowstone Park, Sydney Harbour, Great Barrier Reef.

Essential common feature: Exist in natural state, irreplaceable and present generation bear a duty to transmit to future generations.


But much of this special public asset people

and our natural heritage is gone












Reclamation in the victoria harbour reclamation before 1945
Reclamation in the Victoria Harbour – Reclamation before 1945

LEGEND

Reclamation before 1945

Reclamation up to 1967

Reclamation up to 1977

Reclamation up to 1985

Reclamation up to 1993

Existing and Committed Reclamation

Proposed Reclamation

22


Reclamation in the victoria harbour reclamation up to 1945

LEGEND 1945

Reclamation before 1945

Reclamation up to 1967

Reclamation up to 1977

Reclamation up to 1985

Reclamation up to 1993

Existing and Committed Reclamation

Proposed Reclamation

Reclamation in the Victoria Harbour – Reclamation upto 1945

23


Reclamation in the victoria harbour reclamation up to 1967

LEGEND 1945

Reclamation before 1945

Reclamation up to 1967

Reclamation up to 1977

Reclamation up to 1985

Reclamation up to 1993

Existing and Committed Reclamation

Proposed Reclamation

Reclamation in the Victoria Harbour – Reclamation upto 1967

24


Reclamation in the victoria harbour reclamation up to 1977

LEGEND 1945

Reclamation before 1945

Reclamation up to 1967

Reclamation up to 1977

Reclamation up to 1985

Reclamation up to 1993

Existing and Committed Reclamation

Proposed Reclamation

Reclamation in the Victoria Harbour – Reclamation upto 1977

25


Reclamation in the victoria harbour reclamation up to 1985

LEGEND 1945

Reclamation before 1945

Reclamation up to 1967

Reclamation up to 1977

Reclamation up to 1985

Reclamation up to 1993

Existing and Committed Reclamation

Proposed Reclamation

Reclamation in the Victoria Harbour – Reclamation upto 1985

26


Reclamation in the victoria harbour reclamation up to 1993

LEGEND 1945

Reclamation before 1945

Reclamation up to 1967

Reclamation up to 1977

Reclamation up to 1985

Reclamation up to 1993

Existing and Committed Reclamation

Proposed Reclamation

Reclamation in the Victoria Harbour – Reclamation upto 1993

27


Reclamation in the victoria harbour existing and committed reclamation

LEGEND 1945

Reclamation before 1945

Reclamation up to 1967

Reclamation up to 1977

Reclamation up to 1985

Reclamation up to 1993

Existing and Committed Reclamation

Proposed Reclamation

Reclamation in the Victoria Harbour – Existing and Committed Reclamation

28


On 27 1945th June 1997, there is little left of the Harbour

Existing and committed reclamation was over 3,500 Hectares (12.5 square miles)

This sets the context for the Ordinance

Enough was enough.





But TPB Paper 2880 proposed 1945

another 636 hectares of reclamations for the future


Proposed reclamation in the victoria harbour

LEGEND 1945

Reclamation before 1945

Reclamation up to 1967

Reclamation up to 1977

Reclamation up to 1985

Reclamation up to 1993

Existing and Committed Reclamation

Proposed Reclamation

Proposed Reclamation in the Victoria Harbour

32


Each of the reclamation schemes proposed after 1997 1945

failed to comply with

The Harbour Protection Ordinance

















Integrated design proposal for waterfront gillespies
Integrated Design Proposal for GovernmentWaterfront - Gillespies

44


Despite High level Government public statements to the contrary:

  • “We shall not reclaim the harbour unless it is absolutely necessary”.

    Bowen Leung, Secretary for Planning, Environment & Lands, 24th November 1997, Seminar on Land Reserve Policy.

  • “Victoria Park is an integral part of Hong Kong that we all treasure. It deserves all our efforts to protect it and make it more beautiful. For this reason, we have decided to scale back the reclamation planned for the Harbour”

    Annual Policy Address by the Chief Executive of the HKSAR to the Legislative Council on 6 October 1999.

  • “Victoria Harbour is part of our heritage. It’s a reflection of Hong Kong and I want the harbour to be very beautiful, and I want the harbour to be a place where all the citizens of Hong Kong, as well as tourists from overseas, can enjoy themselves and this is our objective. Part of the reclamation is necessary because we have to move people through mass transit, building roads, railways underneath where we reclaim, but we will try to make sure that the harbour is truly a place we can all gather and enjoy and have a good time, and that is the objective: make Victoria Harbour truly a place where all the Hong Kong people can feel very proud of”.

    Radio phone-in interview with the Chief Executive of the HKSAR, October 9, 1999.


Town Planning Board contrary:

Vision Statement for the Victoria Harbour

Our Vision for Victoria Harbour

To make Victoria Harbour attractive, vibrant, accessible and symbolic of Hong Kong.

- a harbour for the people and a harbour of life


Our Goals for the Harbour contrary:

  • To bring the people to the Harbour and the Harbour to the people.

  • To enchance the scenic views of the Habour and maintain visual access to the harbour-front.

  • To enhance the Harbour as a unique attraction for our people and tourists.

  • To create a quality harbour-front through encouraging innovative building design and a variety of tourist, retail, leisure and recreational activities, and providing an integrated network or open space and pedestrian links.

  • To facilitate the improvement of the water quality of the Harbour.

  • To maintain a safe and efficient harbour for the transport of people and goods and for the operation of an international hub port.


Statement of Intent on Reclamation contrary:

The Harbour is to be protected and preserved as a special public asset and a natural heritage of the people of Hong Kong. Reclamation in the Harbour should only be carried out to meet essential community needs and public aspirations. It has to be environmentally acceptable and compatible with the principle of sustainable development and the principle of presumption against reclamation in the Harbour.


Town Planning Ordinance contrary:

3. Functions of the (Town Planning) Board:

(1) With a view to the promotion of the health, safety, convenience and general welfare of the community, the Board shall undertake the systematic preparation of –

(a) draft plans for the layout of such areas of Hong Kong as the Chief Executive may direct, as well as the types of buildings suitable for erection therein; and

(b) ………….

(2) In the course of the preparation of the plans referred to in subsection (1), the Board shall make such enquiries and arrangements (including, if thinks fit, the taking of census of the occupants of any buildings or of the users of any thoroughfares or spaces) as it may consider necessary for the preparation of such drafts.



Kellet island in 1949
Kellet Island in 1949 contrary:

45





Wanchai development study prepared by maunsell
Wanchai contrary:Development Study prepared by Maunsell

48


Wanchai development public consultation
Wanchai contrary:Development – Public Consultation

49


Wanchai reclamation land use proposals
Wanchai Reclamation contrary: – Land Use Proposals

50




Actual wanchai harbourfront as now proposed
Actual Wanchai Harbourfront as now Proposed contrary:

New Developments in the ‘G/IC’ Zone

Sunkened Central – Wanchai Bypass

Exhibition and Entertainment Facilities in the ‘CDA’ Zone

Waterfront Related Commercial and Leisure Developments

Harbour Museum (Due to the Viewing Spot, the Maritime Museum is out of sight

53


The Wanchai Outline Zoning Plan before contrary:the proposed reclamation


54 contrary:


Wanchai Outline Zoning Plan OZP S/H25/1 contrary:dated 19 April 2002


55 contrary:



56 contrary:


Wanchai Outline Zoning Plan OZP S/H25/1 contrary:approved on 14 February 2003


57 contrary:


Source
Source contrary:

Pages 8, 29, 30, 31, 47 Over Hong Kong Volume 7 - Kasyan Bartlett, Pacific Century Publishers Ltd., 2003

Page 50 New Wanchai Waterfront, Territory Development Department & Planning Department, April 2003

Pages 37, 38 Western District Development Strategy Consultation Digest, Planning Department, October 2000

Page 49 Wanchai Development Phase II, Trunk Road & Waterfront Development Proposals Consultation Digest, Territory Development Department, January 2002

Pages 13, 16, 17 Over Hong Kong, Volume 6 - David Dodwell & Kasyan Barlett, Pacific Century Publishers Ltd., 2001

Pages 20, 33, 34, 35, 54, 55, 57 Planning Department

Page 48 Territory Development Department

Page 51 A pedestrian oriented Central/ Wanchai/ Causeway Bay Waterfront for “A World Class City” study by C.W. Ho Associates, January 2000

Pages 9, 12, 14, 21, 15, 39, 41, 42, 43 Alternative Harbour Reclamation Study by Hong Kong Institute of Architects, June 1996

Pages 2, 3, 4, 5, 6, 7, 9, 10, 45, 46 Eastern Waters, Eastern Winds – Gillian Chambers Royal HK Yacht Club, November 1993

Page 36 Alternative Green Island Reclamation Proposal by Hong Kong Institute of Architects

Pages 1, 44 The Society for Protection of the Harbour

Pages 22, 23, 24, 25, 26, 27, 28, 32 Exhibit Bundle Page 60

Pages 52, 53 Exhibit Bundle Page 171

Page 56 Exhibit Bundle Page 460

Page 20 HKTA, November 1998

Page 56 Ian Brownlee

Page 11 By a Director of the Society

Page 40 By the Hong Kong Government

Pages 18, 19 Source unknown


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